There are growing concerns that loopholes in SIM card registration are undermining national security efforts and fueling organized crime. (Photo: iStock)
Legislation on SIM cards and their registration must be more strongly enforced, says Mmamoloko Kubayi, Minister of Justice and Constitutional Development.
Kubayi met with players in the communications sector this week, amid growing concerns that loopholes in SIM card registration are undermining national security efforts and fueling organized crime.
Detailed submissions by the Government Crime Squad (JCPS) and the police highlighted the systemic, operational and legislative challenges within the current environment of SIM card registration.
According to the police, the distribution of improperly registered SIM cards is linked to serious crime. These include bank fraud, transit robberies, extortion, contract killings and kidnappings.
Despite the provisions that the Rica law makes in this regard, a significant number of SIM cards are still either unregistered or registered with incorrect or unconfirmed information, the presentation showed.
Gaps in section 40 of the Rica law as well as gaps in registration and distribution practices create opportunities for bulk registrations using false information, police said. This in some cases limits law enforcement’s ability to effectively track suspects and use lawful interception measures. This in turn leads to the danger of sim card cloning, identity fraud, cybercrime and money laundering.
Role players believe the Rica law could benefit from revision and strengthening. Those involved agreed that a comprehensive and consultative process is needed to ensure legislation remains efficient, practical and in line with contemporary challenges.
Interior Minister Leon Schreiber says verification processes, especially regarding foreigners, must be strengthened. Existing skills in the department already employed in the banking industry can also be leveraged to strengthen ID verification.
An audit of the existing sim card database, the importance of improved collaboration between government, law enforcement and stakeholders was suggested. The law already prescribes penalties of up to R5 million or imprisonment of up to 10 years for non-compliance.
The Department of Justice will work to finalize draft legislation by June for discussion by stakeholders. In the meantime, improvements to the system will begin within the next six weeks. The Independent Communications Authority of South Africa (Okasa) and the department will engage licensees and provide feedback on regulatory issues.